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Unenforceability & Template Letters III

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  • BrightonSun
    BrightonSun Posts: 88 Forumite
    Hi Niddy,

    Sorry me again! :D

    I've been slack :o and I am going to send off the SAR request to 1st Credit (Re Aqua)


    Do I offer a repayment plan yet? Or do I hold fire until the SAR info comes back? :o

    Thanks
    2010 is the year I'm going to sort my life out! :j

    Overdraft: [STRIKE]£1050[/STRIKE] £980 Capital One: £200 Loan: [STRIKE]£7500[/STRIKE]£1700 (Due to finish in Nov :j) Currently contesting enforceability of Aqua & Barclaycard.
  • Moobags_2
    Moobags_2 Posts: 40 Forumite
    Good morning everyone :)

    NID
    I'm sorry I have another 'quick question' for you :o

    I have sent Egg the Debtors Final Response (CCA Recieved) letter but yesterday they telephoned me (came up as a private phone number !) . They said they had written to me last week and asked me to contact Payplan so I could make them a repayment offer :eek:
    They didnot ask me any security questions and I didnt say anything except that I hadnt recieved their last letter

    Should I send them the Refusal by Lender/DCA - to accept Unenforceability letter or do nothing ?

    Many thanks for all your help :beer:
    LBM March 2010 :eek: . . . . DFD a very very long way off
    May £5 a day £67 / £155
    May NSD's 5 / 10
  • Locke
    Locke Posts: 485 Forumite
    Afternoon NID.

    I sent a CCA request to Barclaycard for an old Skycard and they've just sent back terms & conditions again.:mad:

    What should I be sending them in return?
  • Slickfm
    Slickfm Posts: 41 Forumite
    Hi everyone, I received 2 calls on my mobile yesterday evening, first was a private number (did not answer) second was from 002084958717 (again did not answer) does any recognise this number? Could it be Crapquest?:mad:

    Cheers
  • Hiya

    you send this to the new DCA: (Can't paste links) with a copy of the last letter you sent to the last DCA/Lender (i.e. the s.10 letter you sent).....

    Hello NiD


    unfortunately these guys don't know when to quit there they have responded to my last mail and here is their response




    (This is on quality paper too)



    My address and name (Spelt incorrectly)


    Dear Mrs T******


    Re Barclaycard : xxxxxxxxxxxxxxxxxx


    I write in reference to your recent letter dated 15th may 2010 which has been passed to me for response.


    In your letter you state that your account with out client is currently in dispute as they have failed to comply with your request under the Consumer Credit Act 1974.


    In order for us to raise your dispute with our client we require more information regarding your request.




    We need to clarify the following :-


    Whether you have or have NOT received any documentation from our client since your request was sent


    Whether you have paid the statue fee of £1.00 (your request would not have been processes if this was not paid)






    If you have recived a copy of your terms & conditions since sending your request to our client, then please note sending this documentation fulfills our client's obligations to provide you with copy of agreements/applications under the Consumer Credit Act 1974.


    I can confirm that the consumer credit Act states that a copy contract can excludes certain features i.e. signatory box see below.


    “you do not have to provide an exact copy of the credit agreement to satisfy section 77(1). You are allowed to leave out certain details. Regulation 3 of the consumer credit (Cancellation Notices and Copies of the Documents) Regulations 1983 sets out rules about what constitutes a “true Copy” for an excluded agreement. There are two types of information that you are allowed to omit from the true copy. First, you can omit any information that is not required to be provided under the CCA or any of the CCA Regulations which relate to the customer and which are included for your use. This would include things such as details of the customers' occupation, direct debit or signature box, signature or the date of the signature. Therefore if you can “construct” the rest of the information and provide this to the customer you will have complied with section 77(1). This omission is expressly permitted by these regulations”


    Continues...


    If you have not received any documentations from our client, then please let us know by the 7th June 2010 and we will raise your dispute with out client. In the meantime your account will be placed on hold with Credit Solutions Limited. However, if we do not receive a response from you within the time frame specified above, Your account will be taken off hold and collection activity will continue


    Yours Sincerely




    *** ****
    Complaints officer

    Thats the full letter it took 2 coffees and a pack of hobnobs to type that out lol


    Again as usual any help and advice is greatly appreciated


    Regards

    Little Miss
  • in_to_deep
    in_to_deep Posts: 48 Forumite
    Slickfm wrote: »
    Hi everyone, I received 2 calls on my mobile yesterday evening, first was a private number (did not answer) second was from 002084958717 (again did not answer) does any recognise this number? Could it be Crapquest?:mad:

    Cheers
    yes it s capquest:rotfl:
    you can use whocallsme.com
  • Fitzer2000
    Fitzer2000 Posts: 308 Forumite
    Hi In To Deep - I just googled that number and it is indeed a number that Crapquest use.
  • in_to_deep
    in_to_deep Posts: 48 Forumite
    Fitzer2000 wrote: »
    Hi In To Deep - I just googled that number and it is indeed a number that Crapquest use.
    its a good site just to see who trying to call:rotfl:
  • BrightonSun
    BrightonSun Posts: 88 Forumite
    Niddy.

    It's me again (Sorry) I've got a letter from Mercers now issuing a Default for my Barclaycard!!

    I've emailed you a copy of the letter….Do I still send the other letter you advised?

    Thank You!!!
    2010 is the year I'm going to sort my life out! :j

    Overdraft: [STRIKE]£1050[/STRIKE] £980 Capital One: £200 Loan: [STRIKE]£7500[/STRIKE]£1700 (Due to finish in Nov :j) Currently contesting enforceability of Aqua & Barclaycard.
  • maz1964
    maz1964 Posts: 903 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Good Afternoon niddy and gang

    blimey you are all racing on this thread need a couple of hours to catch up phewwwwwwww :rotfl: you have all been busy

    well ive been sorting out my paperwork still, got rid of rubbish but lots of stuff ive found that id forgotten that id previously done way before found this wonderful thread and everyone here

    so cheers to all yesterday have had a reply which i think is the same as others recently from bcard, terms and conditions only from before and current but actually no CCA with my signature as they imply they dont need to unless something with the cpr rule or something anyway will read back the pages ive missed and if i cant fathom out what to do next i will email you the letter niddy and see whats next best to do

    hugs to all laters MAZ:beer:
    Sealed Pot Challenge member 1525

    "Knowledge is the Power to get Debt Free":j

    Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:
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